The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-05-06
FOGARTY'S. SECOND TRIAL
SIXTY -FOUR NAMES STRICKEN
FROM THE JURY LIST.


Fhe Prisoners Counsel Ask for Con-
tinuance of the Case, But Fail to Get
1.-THE Struggle for the Jury The
Trial Begun Last Night - Very Little
New Evidence Expected to be Intro
duced.
The second trial of Thomas Fogarty, for
shooting Edward j. Kieffer with intent to
murder, was begun in the Superior Court
yesterday. Every inch of space in the gal
leIy was taken The same would have been
the case down stairs had Judge Adams not
given orders to prevent the room from being
crowded A large number OF tales jurors
had been summoned and the court was very
well filled as it wns To all appearances
there was no less interest in the case than
there was two weeks ago, when on Friday
morning, April y, the boyish-looking pris-
oner was arraigned for assault with intent
10 murder
When the case was called Solicitor Cen
eral Fleming G. duBignon announced that
the State was ready Mr.. P. w. Meldrim,
who, with p. J. O'Connor, Esq, represented
the defendant, asked the indulgence of the
court for short time, as some Of his wit
nesses had not arrived. After some delay
Judge Adams ordered attachments issued
for witness named Paine and another
named Burns. Half an hour later the officer
returned and stated that one of the wit
nesses was said to be in Florida, and the
other was also ont of the city.
A CoNTtYUANCE ASKED FOR.
Mr. Meldrim then asked for a continu-
nnce until the June term upon an affidavit
made by Mr.. Richard Fogalty, who de
L . 4
material and that one in particular
had seen Tom fall in epieptic fits a number
of times. Mr., duBignon objected and cross
examined Mr.. Fogarty as to what he ex-
pected to prove by Burns and Paine. Mr..
Meldrim explained that the father made
the affidavit because the son was not of
sound mind. The point was briefly argued
and the continuance was refused.
Then came the struggle for the jury.
Both sides were wary. The list contained
some excellent names, but there was a gen
eral impression that good many would go
off for cause. When the list was called it
was discovered that nearly half dozen
boys had been summoned They were ex-
cused, of course, in short order. Not
single juror was sworn until John Vol
mer's name, the thirty-fourth was called.
TWENTY OFF FOR CAUSE.
Twenty-three had gone of for cause, the
ueIense Dad STRUCK seven ana the State three.
Four out of every five of the jurors called
said that they had formed and expressed
opinions from the reports they read in the
papers, and the most of them said that they
were prejudiced. About l o'clock the list
was exhausted and more had to be sum-
moned.
The court took a recess until O'Clock
1t took nearly three hours longer to get the
twelve men. Gradually, though, the panel
was filed up, and the seventy-sixth man who
was put up was accepted by both sides and
made the full jury.
THE JURY.
John Vollmer, James D. HeImly,
Martin q. helmken, Jacob Kaiser,
John T Bird, Philip Y Giles, c.,
deo Ubeie, James S. Evans,
John Sawyer, William r. Evans
. Isaiah R. Douglass, Thomas McFarlane.
At 8 o'clock Mr. duBignon put up his
first witness and he soon rested his case.
n MIR. Kieffer told about the same story that
<be did on the first trial The defense ex-
Rlnined a number of witnesses, but scarcely
my new facts were brought out, except
hat the defendant had a fit last Friday
light.
At S O'Clock Judge Adams asked the de-
ense to suspend until this morning. The
Jnrors were sent to the Marshall House in
charge of officers Jones Franklin and Lewis
Endres, and the court took recess until
9:30 this morning.